Category Archives: Civil

The Daily Digest, 5/25/11

With the increase in neuroscience-based literature and educational opportunities directed to current and upcoming legal professionals, such as the upcoming ABA and AALS Neuroscience and Law webinar and the “Law & the Brain” course at Vanderbilt University Law School, individuals … Continue reading

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The Daily Digest, 4/26/11

Civil commitment proceedings seem to offer a significant loophole to due process guarantees. After serving a prison term, an individual can be found to be a sexually violent predator and serve indefinitely in a mental health facility (with annual “reviews” … Continue reading

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The Daily Digest, 3/29/11

Protective placement due to incompetency requires that, as a result of developmental disabilities, degenerative brain disorder, serious and persistent mental illness, or other like incapacities, the individual is so totally incapable of providing for his or her own care or … Continue reading

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The Daily Digest, 3/28/11

While objective evidence may benefit litigants who previously would have failed on their claims, the availability of objective evidence gives a “double-edge” to the “double-edge” of behavioral science evidence [as Ken Murray of the Arizona Fed. Public Defender’s Office said … Continue reading

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The Daily Digest, 3/18/11

A number of cases have arisen in which a defendant prisoner raises a section 1983 claim and/or an Eighth Amendment cruel and unusual punishment claim for failing to provide adequate medical care. Particularly in the context of headaches and other … Continue reading

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The Daily Digest, 3/16/11

As I mentioned yesterday, I just presented at a two-day conference in New York City on Law and the Brain. My talk, which focused on the empirical use of behavioral genetics and cognitive neuroscience in U.S. criminal law, was followed … Continue reading

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The Daily Digest – 3/10/11

Does age of onset in legal contexts mean chronological or developmental age? This is a live issue in the death penalty context because in Atkins v. Virginia, the United States Supreme Court found it cruel and unusual punishment under the … Continue reading

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